Former Meru Governor Kawira Mwangaza is legally regarded as having served a full term, despite her impeachment and subsequent replacement. This interpretation is based on constitutional provisions that define a governor’s tenure from the time they assume office until the next election, irrespective of any interruptions.
Mwangaza was sworn into office on August 25, 2022. However, on March 14, 2024, the High Court upheld her impeachment by the Senate, leading to her removal. Her deputy, Isaac Mutuma, was sworn in as the new governor on July 15, 2024. Despite this, Mwangaza’s tenure is still considered complete under legal interpretations.
The Constitution of Kenya outlines the removal of a governor under Article 181, which provides grounds for dismissal, including gross violation of the Constitution, abuse of office, gross misconduct, or incapacity to perform official functions. Once a governor is removed, Article 182 states that the deputy governor shall assume office for the remainder of the term.
Additionally, the law provides a crucial guideline regarding the term length of a successor governor. If the new governor takes office with more than two and a half years remaining before the next election, they are deemed to have served a full term. Given that Mutuma assumed office in mid-2024, he will have served more than two and a half years by the 2027 general election. Consequently, he will be eligible to contest for one more term under Article 180(7), which limits a governor to two five-year terms.
By the same legal interpretation, Mwangaza’s time in office, from August 2022 to March 2024, counts as a full term, ensuring she qualifies for any benefits or recognitions associated with former governors.
Her impeachment followed allegations of abuse of office and misconduct, which the Senate upheld. The High Court dismissed her petition challenging the impeachment, affirming the decision. With Mutuma now at the helm, Meru County moves forward under new leadership, while Mwangaza’s tenure remains constitutionally acknowledged as a full term despite its abrupt end.
